1. The permittee may file a request with the commission for the release of all or part of a
performance bond or deposit furnished subsequent to July 1, 1975. As part of any
bond release application, the permittee shall submit:
a. Within thirty days after filing of the request, a copy of an advertisement placed at
least once a week for four successive weeks in the official newspaper of each
county in which the surface coal mining operation is located. The advertisement
must contain notification of all of the following:
(1)The precise location and the number of acres [hectares] of the land affected.
(2)The permit and the date approved.
(3)The amount of the bond filed and the portion sought to be released.
(4)The type and approximate dates of reclamation work performed and a
description o
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1. The permittee may file a request with the commission for the release of all or part of a
performance bond or deposit furnished subsequent to July 1, 1975. As part of any
bond release application, the permittee shall submit:
a. Within thirty days after filing of the request, a copy of an advertisement placed at
least once a week for four successive weeks in the official newspaper of each
county in which the surface coal mining operation is located. The advertisement
must contain notification of all of the following:
(1) The precise location and the number of acres [hectares] of the land affected.
(2) The permit and the date approved.
(3) The amount of the bond filed and the portion sought to be released.
(4) The type and approximate dates of reclamation work performed and a
description of the results achieved as they relate to the permittee's approved
reclamation plan.
(5) The right to file written objections and to request a public hearing or an
informal conference as specified in subsection 2.
b. Copies of letters which the permittee has sent to all owners of surface rights
within the permit area proposed for bond release, adjoining property owners,
state agencies specified in subsection 2 of section 38-14.1-21, heads of local
governmental bodies, including the county commissioners and mayors of
municipalities, planning agencies, sewage and water treatment authorities, and
water companies in the locality in which the surface coal mining and reclamation
operations took place, notifying them of the permittee's intention to seek release
from the bond. The letters must also contain notice of the right to file written
objections and request an informal conference or a public hearing as specified in
subsection 2.
2. Any person having a valid legal interest which is or may be adversely affected by
release of the bond or the responsible officer or head of any state or local
governmental agency which has jurisdiction by law or special expertise with respect to
any environmental, social, or economic impact involved in the surface coal mining
operation or is authorized to develop and enforce environmental standards with
respect to such operations has the right to file written objections to the proposed
release from bond with the commission and to request an informal conference
pursuant to the procedures established in section 38-14.1-19 or a public hearing
pursuant to procedures established in subsection 3 of section 38-14.1-30 within thirty
days after the last publication of the notice required in subsection 1.
3. Upon receipt of the application for bond release, the commission shall, within thirty
days, conduct an inspection and evaluation of the reclamation work involved. Such
evaluation must consider, among other things, all of the following:
a. The degree of difficulty to complete any remaining reclamation.
b. Whether pollution of surface and subsurface water is occurring.
c. The probability of continuance or future occurrence of such pollution.
d. The estimated cost of abating such pollution.
e. The effectiveness of soil erosion control measures employed.
f. The level of bonding.
The commission shall make written findings with its ruling to release or not to release
all or part of the performance bond or deposit within sixty days from the filing of the
request for bond release, if no informal conference or public hearing is held, and if
there has been an informal conference or a public hearing, within thirty days thereafter.
4. Time periods established by subsection 3 do not apply if effective inspections cannot
be carried out because of inclement weather.
5. If the commission disapproves the application for release of the bond or portion
thereof, the commission shall state the reasons for disapproval, recommend corrective
actions necessary to secure said release, and provide the permittee with an
opportunity for a formal public hearing pursuant to the procedures of section